FMLA Claim

What is FMLA?

An employee may be covered for leave under the FMLA if they meet specific criteria. These criteria include (a) being a covered employee under the FMLA, (b) being employed by a covered employer under the FMLA; and (c) have taken leave for specific family and/or medical reason under the FMLA. To be a “covered employee” under the FMLA, you must have been employed by a covered employer and work at a worksite within 75 miles of which that employer employs 50 people; have worked at least 12 months (which do not have to be consecutive) for the employer, and have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave began. A “covered employer” under the FMLA includes private employers, and certain public employers, who engage in commerce, or in any industry affecting commerce, and who has 50 or more employees each working day during at least 20 calendar weeks in the current or preceding calendar year.
Under the FMLA, a covered employee is entitled to take job-protected, unpaid leave for specified family and medical reasons. Eligible employees are entitled to:

12 workweeks of leave in any 12-month period for:

Birth and care of the employee’s child, within one year of birth;

Placement with the employee of a child for adoption or foster care, within one year of the placement,

Care of an immediate family member (spouse, child, parent) who has a serious health condition;

For the employee’s own serious health condition that makes the employee unable to perform the essential functions of his or her job, and

Any qualifying exigency arising out of the fact that the employee’s spouse, son , daughter, or parent is on active duty or has been notified of an impending call to order to active duty in the U.S. National Guard or Reserves in support of a contingency operation.

26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember.

Additionally, if an employee was receiving group health benefits when leave began, an employer must maintain them at the same level and in the same manner during period of FMLA leave as if the employee had continued to work.

An employee may take FMLA leave intermittently or on a reduced leave schedule when medically necessary. Taking intermittent leave for certain reasons such as birth of a child is subject to the employer’s approval. Employer approval is not necessary in certain circumstances as medically necessary.

When the need for leave is foreseeable, an employee must notify the employer at least 30 days in advance, or as far in advance as is reasonable. When the leave is not foreseeable, the employee must provide notice as soon as practicable under the circumstances. An employer may require supporting documentation from an employee’s care provider and request periodic reports of the employee’s intent to return to work.

Do you have a FMLA Claim?

Upon returning to work from FMLA leave, an employee is entitled to be restored to the same or an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. [1]

We will assist you in calculating the amount of any recovery owed with a FMLA Claim based on the information and documentation you provide to us. As discussed and authorized by you, once we have calculated and you have approved the amount of recovery an employer owes you, we will generally use this amount to make the initial demand to employer to resolve your claim. As discussed, this amount is the potential recovery a jury may award at trial if you are successful and the jury rejects all of the defenses from employer. You should not view this initial amount as the amount you will recover in your case because it usually is not. Instead, it is a negotiation tool to assist in our efforts to maximize your recovery by giving you the “room” to negotiate with employer. The reasonable settlement amount for your case will likely be less especially after we are advised of the employer’s defenses. We have several negotiation tools that may help you maximize your recovery, which we will evaluate with you based on the facts of your case.

If you feel that you have a FMLA Claim contact the FMLA lawyers of John Bales Attorneys today. We are committed to protecting your rights under the law, and will work towards getting you the compensation you deserve.

With John Bales Attorneys, you can feel confident supported by an experienced and compassionate law firm. We will keep you up to date throughout the entire process, and will do our best to answer any questions you may have along the way.

If you have questions about your FMLA rights, contact us today so we can work to help get you the money you need.